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NARESH KUMAR, PROP. RAGHAV ENTERPRISES 3527, SECTOR 32-A, CHANDIGARH ROAD, LUDHIANA, PUNJAB, 141003,PUNJAB vs. ITO, WARD-1(5), LUDHIANA, PUNJAB

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ITA 783/CHANDI/2024[2017-2018]Status: DisposedITAT Chandigarh21 April 20253 pages

IN THE INCOME TAX APPELLATE TRIBUNAL
‘B’ BENCH, CHANDIGARH

BEFORE HON’BLE SHRI RAJPAL YADAV, VICE PRESIDENT
AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

आयकरअपीलसं./ ITA No.783/CHANDI/2024
(िनधाŊरणवषŊ / Assessment Year: 2017-18)
Shri Naresh Kumar
(Prop. Raghav Enterprises)
3527, Sector 32-A, Chandigarh
Road, Ludhiana.141003. बनाम/ Vs.
ITO Ward No. 1(5)
Ludhiana
̾थायीलेखासं./जीआइआरसं./PAN/GIR No. ACJPK-7740E
(अपीलाथŎ/Appellant)
:
(ŮȑथŎ / Respondent)

अपीलाथŎकीओरसे/
Appellant by : Sh. Sudhir Sehgal (Adv.) – Ld. AR
ŮȑथŎकीओरसे/Respondent by :
Dr. Ranjit Kaur, Addl. CIT – Ld. Sr.DR

सुनवाईकीतारीख/Date of Hearing
:
02-04-2025
घोषणाकीतारीख /Date of Pronouncement
:
21-04-2025

आदेश / O R D E R

Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of an order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 24-06-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 28-12-2019. The sole grievance of the assessee is confirmation of addition of cash deposit for Rs.193.80 Lacs. Having heard rival submissions and upon perusal of case records, the appeal is disposed-off as under. The assessee is stated to be engaged in trading of iron and steel products. 2. During assessment proceedings, it transpired that the assessee deposited cash during demonetization period in its bank accounts. The amount of Rs.58.75 Lacs was stated to be received as cash gift from one Shri Mukesh Kumar. The assessee failed to substantiate the same and also failed to prove his relation with that person. After demonetization, the assessee gifted certain amount through cheques to the same person, The Ld. AO added the gifts so received by the assessee as unexplained cash credit u/s 68. The assessee was shown to have recovered sundry debtors for Rs.135.05 Lacs but the assessee failed to file confirmation of these debtors. Accordingly, the amount of Rs.135.05 Lacs was likewise added u/s 68. The Ld. CIT(A) confirmed the assessment against which the assessee is in further appeal before us. 3. Upon perusal of assessee’s paper-book as placed on record, it appears that the assessee has furnished various replies on the impugned issues. The assessee also placed on record assessment order of Shri Mukesh Kumar. The assessee also furnished ledger extracts, summary of cash in hand, copy of statement of the assessee in the books of Shri Mukesh Kumar, relevant extract of cash book of M/s Raghav Alloys (prop. concern of Shri Mukesh Kumar) and various other documents substantiating the impugned deposits which are stated to be sourced out of cash gifts as well as sundry debtors’ realization. However, no concrete finding has been rendered by Ld.

CIT(A) on any of the issue and the Ld. CIT(A) has merely upheld the assessment without considering the replies of the assessee. On these facts, we deem it fit to set aside the impugned order and restore the appeal back to the file of Ld. CIT(A) for de novo adjudication after considering the replies of the assessee with a direction to the assessee to plead and prove its case.
4. The appeal stand allowed for statistical purposes.

Order pronounced on 21-04-2025. (RAJPAL YADAV) (MANOJ KUMAR AGGARWAL)
VICE PRESIDENT लेखासद˟ /ACCOUNTANT MEMBER

Dated: 21-04-2025. आदेश की Ůितिलिप अŤेिषत /Copy of the Order forwarded to :
1. अपीलाथŎ/Appellant
2. ŮȑथŎ/Respondent
3. आयकरआयुƅ/CIT
4. िवभागीयŮितिनिध/DR
5. गाडŊफाईल/GF

NARESH KUMAR, PROP. RAGHAV ENTERPRISES 3527, SECTOR 32-A, CHANDIGARH ROAD, LUDHIANA, PUNJAB, 141003,PUNJAB vs ITO, WARD-1(5), LUDHIANA, PUNJAB | BharatTax